701. EDWARD HUGHES was indicted for feloniously stealing on the 1st of June , 14 lb. weight of rice, value 3 s. the property of James Gascoine and Co.

JAMES GASCOINE sworn.

On the 1st of June, looking out of the compting-house at Porter's-key , which joins Bear-key, I saw the prisoner at the bar with another man whom I could not take, force the head off a barrel of rice, and the prisoner filled his apron; I suppose I was about twenty yards distance; I went down, and he had not then absolutely given over the matter, I rather mended my pace towards him, and he knew my face, seeing me walk sharp up to him he put off and ran up Bear-key gate, I followed him, and saw him shoot the rice, I was close to the gate; we are accountable for the rice; it was in our possession , I am sure it was a barrel that belonged to us.

PRISONER's DEFENCE.

I was looking for work on the key, and I saw a man that I had worked with, and I asked him for a little rice for my own use, and he put a little in my apron, and this gentleman came after me, and I thought I was in an error, and I went and put it into a cask.

Mr. Gascoine. He did not carry any back again to the cask, that I am sure of.